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Medellin v. Texas, No. 06-984 (U.S. Supreme Court) (552 U.S. 491; 128 S.Ct. 1346) (March 25, 2008) (Justice (John G.) Roberts)

Article • February 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Medellin v. Texas, No. 06-984 (U.S. Supreme Court) (552 U.S. 491; 128 S.Ct. 1346) (March 25, 2008) (Justice (John G.) Roberts) by Here the Court held that neither a ruling by the World Court nor a directive by the President, both aimed at enforcing a consular rights treaty signed by …

Cornejo v. County of San Diego, No. 05-56202 (9th Cir.) (504 F.3d 893) (September 24, 2007) (Judge Pamela Ann Rymer)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Cornejo v. County of San Diego, No. 05-56202 (9th Cir.) (504 F.3d 893) (September 24, 2007) (Judge Pamela Ann Rymer) by Despite repeated attempts, aliens are gradually losing their fight to establish any judicially enforceable rights under the Vienna Convention on Consular Relations (the “Convention”), which was ratified into law …

Sanchez-Llamas v. Oregon, No. 04-10566 (U.S. Supreme Court) (548 U.S. 331; 126 S.Ct. 2669) (June 28, 2006) (Justice (John G.) Roberts)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Sanchez-Llamas v. Oregon, No. 04-10566 (U.S. Supreme Court) (548 U.S. 331; 126 S.Ct. 2669) (June 28, 2006) (Justice (John G.) Roberts) by Without deciding whether the Vienna Convention on Consular Relations grants individuals any enforceable rights, the Court held that a violation of that treaty does not require the states …

Medellin v. Dretke, No. 04-5928 (U.S. Supreme Court) (544 U.S. 660; 125 S.Ct. 2088) (May 23, 2005) (Per Curiam)

Article • May 1, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Vienna Convention

Medellin v. Dretke, No. 04-5928 (U.S. Supreme Court) (544 U.S. 660; 125 S.Ct. 2088) (May 23, 2005) (Per Curiam) by Here, by a vote of 5-to-4, the Supreme Court dismissed, as "improvidently granted," a major test case on whether rulings by the World Court on American death penalty cases must …

Breard v. Greene, No. 97-8214 (A-732) (U.S. Supreme Court) (523 U.S. 371; 118 S.Ct. 1352) (April 14, 1998) (Per Curiam)

Article • July 6, 2002

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Breard v. Greene, No. 97-8214 (A-732) (U.S. Supreme Court) (523 U.S. 371; 118 S.Ct. 1352) (April 14, 1998) (Per Curiam) by In this case the Court held that the Vienna Convention must be applied must be applied "in conformity with the laws and regulations" of the United States, including the …

U.S. v. Jimenez-Nava, No. 99-11300 (5th Cir.) (243 F.3d 192) (February 26, 2001) (Judge Edith H. Jones)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Jimenez-Nava, No. 99-11300 (5th Cir.) (243 F.3d 192) (February 26, 2001) (Judge Edith H. Jones) by The decision in this case contains a detailed analysis of the history of the Vienna Convention and the case law in the other Circuits, all of which have held that suppression of …

U.S. v. Lawal, No. 00-1104 (7th Cir.) (231 F.3d 1045) (November 1, 2000) (Judge William J. Bauer)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Lawal, No. 00-1104 (7th Cir.) (231 F.3d 1045) (November 1, 2000) (Judge William J. Bauer) by Here, over the dissent of Judge Williams (which was not included in the Fed. Reporter), a majority of the panel held that a violation of the Vienna Convention on Consular Rights does …

U.S. v. Chaparro-Alcantara, No. 99-2721 (7th Cir.) (226 F.3d 616) (August 21, 2000) (Judge Kenneth F. Ripple)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Chaparro-Alcantara, No. 99-2721 (7th Cir.) (226 F.3d 616) (August 21, 2000) (Judge Kenneth F. Ripple) by Here the 7th Circuit joined most of the other Circuits in holding that the failure to tell an alien of his rights to contact his consulate, as specified in the Vienna Convention, …

Flores v. Johnson, No. 99-40064 (5th Cir.) (210 F.3d 456) (April 20, 2000) (Per Curiam)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Flores v. Johnson, No. 99-40064 (5th Cir.) (210 F.3d 456) (April 20, 2000) (Per Curiam) by In this case, the defendant argued that the admitted failure to comply with the consulate notification provisions of the Vienna Convention "seriously harmed" him because he was "compelled," while in custody "to make four …

U.S. v. Li, No. 97-2034 (1st Cir.) (206 F.3d 56) (February 29, 2000) (Judge Norman H. Stahl)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Li, No. 97-2034 (1st Cir.) (206 F.3d 56) (February 29, 2000) (Judge Norman H. Stahl) by In this case, a number of defendants were convicted of a series of violations arising out of their attempts to smuggle Chinese aliens into the United States. On appeal, they sought to …

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (206 F.3d 882) (March 6, 2000) (Judge Mary M. Schroeder)

Article • April 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (206 F.3d 882) (March 6, 2000) (Judge Mary M. Schroeder) by Jumping in line with all the Circuit Courts that have ruled on the issue, a divided en banc Court from the Ninth Circuit has now vacated and reversed a panel’s earlier decision …

U.S. v. Carrillo, No. 99 CR 54 (N.D.Ill.) (70 F.Supp.2d 854) (October 14, 1999) (Judge Charles R. Sr. Norgle)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Carrillo, No. 99 CR 54 (N.D.Ill.) (70 F.Supp.2d 854) (October 14, 1999) (Judge Charles R. Sr. Norgle) by In holding that suppression of evidence is not a remedy available to defendants for a violation of Article 36 of the Vienna Convention, the Court stated: "The Vienna Convention, a …

U.S. v. Rodrigues, No. CRIM. A. CR-98-0686 (E.D.N.Y.) (68 F.Supp.2d 178) (September 28, 1999) (Judge David G. Trager)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Rodrigues, No. CRIM. A. CR-98-0686 (E.D.N.Y.) (68 F.Supp.2d 178) (September 28, 1999) (Judge David G. Trager) by Here the Court held that the suppression of a foreign defendant's statements was not an appropriate remedy for a violation of the Vienna Convention, where he was unable to show that …

U.S. v. Miranda, No. CRIM.NO.99-31(4)(JRT/FLN) (D.Minn.) (65 F.Supp.2d 1002) (August 27, 1999) (Judge John R. Tunheim)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Miranda, No. CRIM.NO.99-31(4)(JRT/FLN) (D.Minn.) (65 F.Supp.2d 1002) (August 27, 1999) (Judge John R. Tunheim) by Here the Court held that the Government's two-day delay in informing the defendant about his right to contact the Mexican Consulate violated the Vienna Convention on Consular Rights, but did not prejudice defendant …

U.S. v. Torres-Del Muro, No. 98-30096 (C.D.Ill.) (58 F.Supp.2d 931) (July 20, 1999) (Judge Richard Mills)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Torres-Del Muro, No. 98-30096 (C.D.Ill.) (58 F.Supp.2d 931) (July 20, 1999) (Judge Richard Mills) by Earlier this year a panel from the Ninth Circuit set off a stir when it held, in U.S. v. Lombera-Camorlinga, 170 F.3d 1241 (9th Cir. 1999), that statements made to the authorities may …

U.S. v. Alvarado-Torres, No. Crim. 98-3351-R (S.D.Cal.) (45 F.Supp.2d 986) (April 19, 1999) (Judge John S. Sr. Rhoades)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Alvarado-Torres, No. Crim. 98-3351-R (S.D.Cal.) (45 F.Supp.2d 986) (April 19, 1999) (Judge John S. Sr. Rhoades) by Here, distinguishing the Ninth's Circuit's holding in U.S. v. Lombera-Camorlinga, 170 F.3d 1241, the Court held that a violation of the Vienna Convention did not require suppression of statements if the …

U.S. v. Tapia-Mendoza, No. 98CR381 (D.Utah) (41 F.Supp.2d 1250) (March 10, 1999) (Judge J. Thomas Greene)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Tapia-Mendoza, No. 98CR381 (D.Utah) (41 F.Supp.2d 1250) (March 10, 1999) (Judge J. Thomas Greene) by In the 6/7/99 issue of P&J, we reported on U.S. v. Lombera-Camorlinga, 170 F.3d 1241 (9th Cir. 1999), where the Ninth Circuit held that, where Customs officials violated the Vienna Convention on Consular …

U.S. v. Chaparro-Alcantara, No. 98-30070 (C.D.Ill.) (37 F.Supp.2d 1122) (March 5, 1999) (Judge Jeanne E. Scott)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Chaparro-Alcantara, No. 98-30070 (C.D.Ill.) (37 F.Supp.2d 1122) (March 5, 1999) (Judge Jeanne E. Scott) by In this case the Court did agree that the Vienna Convention does give the defendants a private right to enforce its provisions and thus standing to redress any grievances, but the court held …

U.S. v. Esparza-Ponce, No. Crim. 97-3252-R (S.D.Cal.) (7 F.Supp.2d 1084) (May 18, 1998) (Judge John S. Sr. Rhoades)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Esparza-Ponce, No. Crim. 97-3252-R (S.D.Cal.) (7 F.Supp.2d 1084) (May 18, 1998) (Judge John S. Sr. Rhoades) by Following the approach of the Fifth Circuit in Faulder v. Johnson, 81 F.3d 515 (5th Cir. 1996), the Court held that a violation of the Vienna Convention does not rise to …

Murphy v. Netherland, No. 96-14 (4th Cir.) (116 F.3d 97) (June 19, 1997) (Judge J. Michael Luttig)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Enforceable Rights/Remedies

Murphy v. Netherland, No. 96-14 (4th Cir.) (116 F.3d 97) (June 19, 1997) (Judge J. Michael Luttig) by Here the Court held: "[E]ven if the Vienna Convention on Consular Relations could be said to create individual rights (as opposed to setting out the rights and obligations of signatory nations), it …